ISCR Case 01-03111.h1

Case Headnote

ISCR Case No. 01-03111.h1

grantedJul 31, 2001· Hon. John R. Erck· hearing

Summary

A 31-year-old scientist, born in Canada to an American mother, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant, who holds a Ph.D. in mathematics, has resided in the U.S. since 1991.

The Statement of Reasons cited several allegations, including the applicant's dual Canadian citizenship, his refusal to renounce it, and nine trips to Canada between 1991 and 2000. Other concerns included his failure to register for Selective Service on his 18th birthday, maintaining a Canadian driver's license until 1996, owning a mutual fund and other assets in a Canadian bank, and voting in a Canadian election in 1987 or 1988. Additionally, immediate family members or close ties were noted as citizens or residents of a foreign country.

However, the judge found that mitigating conditions applied. The applicant has lived continuously in the U.S. for over ten years, establishing a professional life. He has not exercised any rights of Canadian citizenship for over a decade, demonstrating a lack of foreign preference. Furthermore, he provided persuasive explanations for his Canadian financial interests and his failure to register for Selective Service. Ultimately, the judge determined that the applicant's actions and professed allegiance to the U.S. mitigated the initial concerns, and the security clearance was granted.

Why the Applicant Prevailed

The applicant has lived continuously in the U.S. for over ten years and has established a professional life there.
He has not exercised any rights of Canadian citizenship for over a decade, indicating a lack of foreign preference.
The applicant provided persuasive explanations for his financial interests in Canada and his failure to register for Selective Service.

Conditions Referenced

Disqualifying

E2.A3.1.2.8raisedVoting in Foreign Elections
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A2.1.3.5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities

Key Rule Quoted

“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
— Department of Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedApr 19, 2001
Answer filedMay 16, 2001Applicant requested a decision without a hearing.
Hearing held—No hearing was conducted.
Decision dateJul 31, 2001

Cite For

Mitigation of Foreign Preference Under Guideline C
Consideration of Familial Ties in Foreign Influence Cases Under Guideline B
Impact of Long-term Residency in the U.S. on Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Canada	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Sibling in Foreign Country Immediate Family	Canada	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Canada

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.b

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

Sibling in Foreign Country

Immediate Family

Canada

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant indicated a preference for Canada over the United States because he has exercised dual citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—
1.b	Applicant has refused to renounce his Canadian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
1.c	Applicant has traveled to Canada nine times between August 1991 and August 2000.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.d	Applicant has failed to register with the selective service system on his 18th birthday.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.e	Applicant did not forfeit his Canadian driver's license until August 1996.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.f	Applicant owns a mutual fund and other assets deposited in a Canadian bank.	For Applicant	Foreign Benefits or Education	Admitted	—	—	—
1.g	Applicant voted in a Canadian election in 1987 or 1988.	For Applicant	Foreign Voting	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant indicated a preference for Canada over the United States because he has exercised dual citizenship.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

1.b

Applicant has refused to renounce his Canadian citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

1.c

Applicant has traveled to Canada nine times between August 1991 and August 2000.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.d

Applicant has failed to register with the selective service system on his 18th birthday.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.e

Applicant did not forfeit his Canadian driver's license until August 1996.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.f

Applicant owns a mutual fund and other assets deposited in a Canadian bank.

For Applicant

Foreign Benefits or Education

Admitted

—

1.g

Applicant voted in a Canadian election in 1987 or 1988.

For Applicant

Foreign Voting

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES